1
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
52
[
EPA­
R06­
OAR­
2004­
TX­
0001;
FRL
­
]

Approval
and
Promulgation
of
Implementation
Plans;
Texas;
Memoranda
of
Understanding
between
Texas
Department
of
Transportation
and
the
Texas
Commission
on
Environmental
Quality
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Proposed
rule.

SUMMARY:
EPA
is
proposing
to
approve
a
State
Implementation
Plan
(
SIP)
revision
submitted
by
the
Texas
Commission
on
Environmental
Quality
(
TCEQ)
on
August
15,
2002.

This
SIP
revision
approves
the
adoption
by
reference
of
a
Memorandum
of
Understanding
(
MOU)
between
the
TCEQ
and
the
Texas
Department
of
Transportation
(
TxDOT).
The
MOU
is
adopted
into
the
Texas
rule
at
30
TAC,
Chapter
7,
Section
119.
This
MOU
concerns
the
coordination
of
environmental
reviews
associated
with
transportation
projects.
The
adoption
by
reference
of
this
MOU,
will
streamline
coordination
between
the
TCEQ
and
TxDOT
by
consolidating
separate
MOUs
currently
in
the
air
and
water
regulations.
This
action
is
important
to
satisfy
the
need
of
the
Commission
and
TxDOT
to
coordinate
regulatory
programs
and
to
ensure
that
overlapping
areas
of
responsibility
are
clarified.
This
approval
will
make
the
MOU
revised
regulations
Federally
enforceable.
2
DATES:
This
rule
is
effective
on
[
Insert
date
60
days
from
date
of
publication
in
the
Federal
Register]
without
further
notice,
unless
EPA
receives
adverse
comment
by
[
Insert
date
30
days
from
date
of
publication
in
the
Federal
Register].

ADDRESSES:
Comments
may
be
mailed
to
Mr.
Thomas
Diggs,
Chief,
Air
Planning
Section
(
6PD­
L),
Environmental
Protection
Agency,
1445
Ross
Avenue,
Suite
1200,
Dallas,
Texas
75202­
2733.
Comments
may
also
be
submitted
electronically
or
through
hand
deliver/
courier
by
following
the
detailed
instructions
in
the
ADDRESSES
section
of
the
direct
final
rule
located
in
the
rules
section
of
this
Federal
Register.

FOR
FURTHER
INFORMATION
CONTACT:
Alima
Patterson,
State/
Oversight
Section
(
6PD­
O),
Environmental
Protection
Agency,
Region
6,
1445
Ross
Avenue,
Suite
700,

Dallas,
Texas
75202­
2733,
telephone
(
214)
665­
7247;
fax
number
214­
665­
7263;
e­
mail
address
patterson.
alima@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
In
the
final
section
of
this
Federal
Register,
EPA
is
approving
the
State's
SIP
submittal
as
a
direct
rule
without
prior
proposal
because
the
Agency
views
this
as
a
noncontroversial
submittal
and
anticipates
no
adverse
comments.
A
detailed
rationale
for
the
approval
is
set
forth
in
the
direct
final
rule.
If
no
adverse
comments
are
received
in
response
to
this
action
no
further
activity
is
contemplated.
If
EPA
receives
adverse
comments,

the
direct
final
rule
will
be
withdrawn
and
all
public
comments
received
will
be
3
addressed
in
a
subsequent
final
rule
based
on
this
proposed
rule.
EPA
will
not
institute
a
second
comment
period.
Any
parties
interested
in
commenting
on
this
action
should
do
so
at
this
time.

For
additional
information,
see
the
direct
final
rule
which
is
located
in
the
rules
section
of
this
Federal
Register.

Dated:
November
18,
2005
Richard
E.
Greene,

Regional
Administrator,
Region
6.
